On an application to withdraw a caveat under s 74MA of the Real Property Act 1900 (NSW), the inevitability of a shortfall on sale, the mortgagor's financial position, failure to bring money into court, failure to offer an adequate undertaking as to damages, and the effect on third-party purchasers are all relevant factors on the balance of convenience. The Inglis general rule requiring payment into court of the mortgage debt operates as a relevant factor on the balance of convenience rather than as a precondition, though its precise status remains open for appellate reconsideration. The possibility of statutory injunctive relief under s 1324(4) of the Corporations Act 2001 (Cth) does not displace these discretionary considerations.
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